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(영문) 창원지방법원 2017.10.18 2017노2513

특수재물손괴

Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court rendered a sentence by taking into account the following factors: (a) the Defendant agreed with the victim; (b) the Defendant’s age, environment; (c) the motive, means and consequence of the commission of the crime; and (d) the circumstances after the commission of the crime.

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

The above sentencing conditions have changed in the court of the other hand.

There is no reason to see the above sentencing, and when comprehensively considering the above sentencing, the lower court’s punishment cannot be deemed as unfair because it is too unreasonable to see it.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.